Step-Up in Basis
Step-Up in Basis
Tax rule that resets cost basis of inherited assets to fair market value at date of death, eliminating capital gains tax on appreciation during decedent's lifetime. Heirs only pay tax on appreciation after inheritance. Does NOT apply to retirement accounts (IRAs, 401(k)s) which pass with ordinary income tax due. Major estate planning benefit for highly appreciated assets.
A mother purchased stock in 1980 for $10,000 that is now worth $500,000 at her death. Her son inherits the stock with a stepped-up basis of $500,000 (FMV at death), not the original $10,000 cost. If he sells immediately for $500,000, he owes zero capital gains tax. The $490,000 lifetime appreciation escapes taxation entirely. However, if she leaves him her $500,000 IRA instead, he pays ordinary income tax on all distributions with no step-up benefit.
Students often incorrectly believe step-up applies to retirement accounts (it does NOT). IRAs and 401(k)s are subject to ordinary income tax with no basis adjustment. Another confusion: gifted assets do NOT receive step-up (they retain donor's original basis), making inheritance more tax-advantageous than lifetime gifts for highly appreciated assets. Also commonly missed: both capital gains AND losses are eliminated at death (basis resets regardless of gain or loss).
How This Is Tested
- Identifying which assets receive step-up in basis at death (stocks, bonds, real estate) versus those that do not (IRAs, 401(k)s, annuities)
- Calculating the tax benefit of step-up by comparing inherited basis (FMV at death) to original cost basis
- Comparing tax consequences of gifting versus bequeathing highly appreciated assets (gift = carryover basis, bequest = step-up)
- Understanding that inherited assets automatically receive long-term capital gains treatment regardless of actual holding period
- Recognizing estate planning scenarios where step-up provides significant tax savings for heirs
Regulatory Limits
| Description | Limit | Notes |
|---|---|---|
| Step-up basis amount | Fair market value on date of death | Or alternate valuation date (6 months after death) if elected by executor |
| Assets eligible for step-up | Capital assets (stocks, bonds, real estate, tangible property) | Does NOT include IRAs, 401(k)s, 403(b)s, or other tax-deferred retirement accounts |
| Holding period for inherited assets | Automatic long-term treatment | Regardless of how long heir holds before selling; always long-term capital gains rate |
| Community property states | Full step-up on both halves | In community property states, both spouses' halves may receive step-up at first death |
Example Exam Questions
Test your understanding with these practice questions. Select an answer to see the explanation.
Patricia, age 78, owns stock purchased 40 years ago for $25,000 that is now worth $800,000. She wants to help her daughter, Jennifer, who needs funds for a home down payment. Patricia is considering either gifting the stock now or bequeathing it at death. Patricia's investment adviser should explain that from a tax perspective:
B is correct. If Patricia bequeaths the stock at death, Jennifer receives a stepped-up basis equal to the $800,000 fair market value at Patricia's death. This eliminates the $775,000 of unrealized capital gains ($800,000 - $25,000). Jennifer can sell immediately with zero capital gains tax. In contrast, if Patricia gifts the stock during her lifetime, Jennifer receives Patricia's carryover basis of $25,000 and would owe capital gains tax on $775,000 when sold. The step-up benefit provides massive tax savings for highly appreciated assets.
A is incorrect because while Jennifer gets immediate access, she inherits Patricia's $25,000 cost basis and faces a $775,000 taxable gain. Even at favorable 15-20% long-term rates, this creates $116,250-$155,000 in tax liability. B is incorrect because the tax treatment is NOT equivalent; gifts carry over the donor's basis while inheritances receive step-up. D is incorrect because the annual gift exclusion ($19,000) only affects gift tax filing requirements, not capital gains tax. Jennifer still inherits the $25,000 basis and $775,000 unrealized gain regardless of the gift exclusion.
The Series 65 exam tests your ability to advise clients on the tax consequences of gifting versus bequeathing appreciated assets. Understanding that step-up in basis at death can save heirs hundreds of thousands in capital gains tax is critical for estate planning discussions, especially with elderly clients holding highly appreciated positions.
Which of the following assets will receive a step-up in basis when inherited at the owner's death?
C is correct. Publicly traded stock receives a step-up in basis to fair market value at the date of death. The heir's new cost basis becomes $300,000, eliminating all unrealized capital gains that accumulated during the decedent's lifetime.
A is incorrect because traditional IRAs do NOT receive step-up in basis. The entire IRA balance is subject to ordinary income tax when distributed to beneficiaries, regardless of the original contribution amounts. B is incorrect because 401(k) accounts, like all tax-deferred retirement accounts, do not receive step-up treatment. Distributions to heirs are taxed as ordinary income. D is incorrect because annuities (variable or fixed) do not receive step-up. The beneficiary pays ordinary income tax on gains above the original premium paid, with no basis adjustment at death.
The Series 65 exam frequently tests the critical distinction between assets that receive step-up (capital assets like stocks, bonds, real estate) and those that do not (retirement accounts and annuities). This is essential for comprehensive estate planning and asset location strategies.
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Access Free BetaDavid inherited 5,000 shares of XYZ Corporation stock from his father, who passed away on March 15, 2025. His father originally purchased the shares for $20/share in 1995. On March 15, 2025 (date of death), XYZ stock was trading at $180/share. David sells all inherited shares three months later for $185/share. What is David's taxable capital gain?
A is correct. Step-by-step calculation:
Stepped-Up Basis (David's new cost basis):
- 5,000 shares × $180/share (FMV at death) = $900,000
Sale Proceeds:
- 5,000 shares × $185/share = $925,000
Taxable Capital Gain:
- $925,000 (proceeds) - $900,000 (stepped-up basis) = $25,000
Key concept: David's father's original $100,000 cost basis (5,000 × $20) is irrelevant. The step-up eliminates the $800,000 of appreciation during his father's lifetime ($900,000 - $100,000). David only pays tax on the $25,000 appreciation after inheritance ($185 - $180 = $5/share).
B ($800,000) incorrectly calculates the father's unrealized gain, which is eliminated by step-up. C ($825,000) incorrectly uses the father's original $20 basis: $925,000 - $100,000 = $825,000. This ignores the step-up benefit entirely. D ($925,000) is the gross sale proceeds, not the gain.
Step-up in basis calculations are common on the Series 65 exam. You must understand that the decedent's original cost basis becomes irrelevant and the new basis is FMV at death. This demonstrates the massive tax benefit of step-up for highly appreciated assets and is critical for estate planning analysis.
All of the following statements about step-up in basis are accurate EXCEPT
C is correct (the EXCEPT answer). Traditional IRAs and 401(k) accounts do NOT receive step-up in basis. These tax-deferred retirement accounts are subject to ordinary income tax on distributions to beneficiaries, with no basis adjustment at death. The entire account value (except for any after-tax contributions) is taxable as ordinary income when withdrawn, regardless of the account's appreciation during the decedent's lifetime.
A is accurate: The basis of inherited capital assets (stocks, bonds, real estate, tangible property) is "stepped up" to fair market value on the date of death (or alternate valuation date). B is accurate: Because the basis resets to FMV at death, all unrealized capital gains accumulated during the owner's lifetime are eliminated for tax purposes. If the heir sells immediately at FMV, there is zero capital gains tax. D is accurate: IRC Section 1223 provides that inherited property is automatically treated as held long-term, regardless of how long the heir actually holds it before selling. This ensures favorable long-term capital gains rates apply.
The Series 65 exam tests your understanding that step-up benefits apply only to capital assets, NOT to tax-deferred retirement accounts. This is a critical distinction for estate planning: leaving appreciated stock to heirs provides a step-up benefit, while leaving retirement accounts does not. This affects asset location strategies and inheritance planning for high-net-worth clients.
An elderly client is evaluating whether to gift appreciated assets to his children during his lifetime or bequeath them at death. His portfolio includes:
- $2 million in publicly traded stock (cost basis: $400,000)
- $1.5 million traditional IRA
- $500,000 in municipal bonds (cost basis: $450,000)
Which of the following statements accurately describe the tax consequences?
1. If the stock is gifted during life, the children receive the $400,000 carryover basis
2. If the stock is inherited at death, the children receive a stepped-up basis of $2 million
3. The traditional IRA receives step-up in basis at death, eliminating income tax on the appreciation
4. The municipal bonds would receive step-up in basis at death to $500,000
B is correct. Statements 1, 2, and 4 are accurate.
Statement 1 is TRUE: Gifted assets retain the donor's original cost basis (carryover basis). If the client gifts the stock during his lifetime, the children receive his $400,000 cost basis and face a $1.6 million taxable capital gain when sold. This is a significant tax disadvantage compared to inheritance.
Statement 2 is TRUE: Inherited stock receives step-up in basis to fair market value at death. The children's new cost basis becomes $2 million, eliminating the $1.6 million of unrealized gains. They can sell immediately with zero capital gains tax, demonstrating the powerful tax benefit of step-up.
Statement 3 is FALSE: Traditional IRAs do NOT receive step-up in basis. The entire IRA balance ($1.5 million) is subject to ordinary income tax when distributed to beneficiaries, regardless of original contributions or appreciation. There is no basis adjustment for tax-deferred retirement accounts. This is a critical distinction that students frequently miss.
Statement 4 is TRUE: Municipal bonds, like all capital assets, receive step-up in basis at death. Even though municipal bond interest is tax-exempt, capital gains from selling munis are taxable. The step-up to $500,000 eliminates the $50,000 unrealized gain. Note: while this provides a step-up benefit, the gain is relatively small compared to the stock position.
The Series 65 exam tests comprehensive understanding of step-up in basis across different asset types and the critical gift vs. bequest decision. You must recognize that retirement accounts are the major exception to step-up rules and that highly appreciated positions are far more tax-efficient to bequeath than to gift. This knowledge is essential for estate planning conversations with clients holding concentrated positions or large unrealized gains.
💡 Memory Aid
Think of step-up as "Death = Debt Forgiveness" for capital gains. The IRS forgives all unrealized gains and resets the basis to today's value. But remember: Retirement accounts are RETIRED from step-up (IRAs, 401(k)s get NO step-up). Gift = Keep the receipt, Inherit = New receipt (gifted assets keep old basis, inherited assets get new basis at FMV).
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Where This Appears on the Exam
This term is tested in the following Series 65 exam topics: